Filthy Tenant?? - Landlord Forum thread

Filthy Tenant?? by Anonymous on August 11, 2012 @18:35

An annual "safety inspection" of our small SFH rental showed me our M2M tenant was ignoring basic cleaning in the unit. He pays on time and is quiet, but this goes beyond messy and slightly dusty and into filthy. I served a Cure or Quit Notice and did a re-check two weeks later.

The place was cleaned up.

In CA, the tenant may refuse access to the LL for inspections unless there is an emergency, but I don't think my tenant knows this. Yeah, California courts, huh.

What kind of notice could I give the tenant about keeping the place clean and not having a "revisit" of the filthy conditions which draws pests and makes the air quality a problem (who wants to breathe dust and old rotten food?), or is there some other formal notice I should be doing? or is this something I should ignore and let the SFH become dirtier and dirtier? or inspect every 3 months and issue notices then??

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Re: Filthy Tenant?? by Jake on August 11, 2012 @20:01	[ Reply ]

I do not think your tenant would be responsive to a notice. Just tell him your new insurance company requires an inspection ever X number of months. Just call and give them a heads up so they can be ready.

Re: Filthy Tenant?? by A.T.SF (CA) on August 11, 2012 @21:31	[ Reply ]

In addition to generally requiring a tenant to take reasonable care of the rental unit and common areas (see above), the law lists specific things that a tenant must do to keep the rental unit liveable. Tenants must do all of the following Keep the premises "as clean and sanitary as the condition of the premises permits." Use and operate gas, electrical, and plumbing fixtures properly. (Examples of improper use include overloading electrical outlets; flushing large, foreign objects down the toilet; and allowing any gas, electrical, or plumbing fixture to become filthy.) Dispose of trash and garbage in a clean and sanitary manner. Not destroy, damage, or deface the premises, or allow anyone else to do so. Not remove any part of the structure, dwelling unit, facilities, equipment, or appurtenances, or allow anyone else to do so. Use the premises as a place to live, and use the rooms for their intended purposes. For example, the bedroom must be used as a bedroom, and not as a kitchen.148 Notify the landlord when dead bolt locks and window locks or security devices don't operate properly.149 Reference; California Department of Consumer Affairs http://www.dca.ca.gov/publications/landlordbook/problems.shtml

Re: Filthy Tenant?? by Micah on August 11, 2012 @22:01	[ Reply ]

What kind of heating/cooling system do you have? Does it require a change of filters? This is a common reason to enter a unit. Changing smoke detector batteries is another. There are numerous reasons to enter a unit for 5 minutes several times a year...

Re: Filthy Tenant?? by A.T.SF (CA) on August 11, 2012 @22:12	[ Reply ]

http://housing.ucsc.edu/cro/pdf/CCC_privacy.pdf California Civil Code Section 1954 Landlord’s Right to Enter and Tenant’s Right to Privacy A. A landlord may enter the dwelling unit only in the following cases: 1. In case of emergency. 2. To make necessary or agreed repairs, decorations, alterations or improvements, supply necessary or agreed services, or exhibit the dwelling unit to prospective or actual purchasers, mortgagees, tenants, workers, or contractors or to make an inspection pursuant to subdivision (f) of Section 1950.5. 3. When the tenant has abandoned or surrendered the premises. 4. Pursuant to court order. B. Except in cases of emergency or when the tenant has abandoned or surrendered the premises, entry may not be made during other than normal business hours unless the tenant consents to an entry during other than normal business hours at the time of entry. C. The landlord may not abuse the right of access or use it to harass the tenant. D. 1. Except as provided in subdivision (e), or as provided in paragraph (2) or (3), the landlord shall give the tenant reasonable notice in writing of his or her intent to enter and enter only during normal business hours. The notice shall include the date, approximate time, and purpose of the entry. The notice may be personally delivered to the tenant, left with someone of a suitable age and discretion at the premises, or, left on, near, or under the usual entry door of the premises in a manner in which a reasonable person would discover the notice. Twenty-four hours shall be presumed to be reasonable notice in absence of evidence to the contrary. The notice may be mailed to the tenant. Mailing of the notice at least six days prior to an intended entry is presumed reasonable notice in the absence of evidence to the contrary. 2. If the purpose of the entry is to exhibit the dwelling unit to prospective or actual purchasers, the notice may be given orally, in person or by telephone, if the landlord or his or her agent has notified the tenant in writing within 120 days of the oral notice that the property is for sale and that the landlord or agent may contact the tenant orally for the purpose described above. Twenty-four hours is presumed reasonable notice in the absence of evidence to the contrary. The notice shall include the date, approximate time, and purpose of the entry. At the time of entry, the landlord or agent shall leave written evidence of the entry inside the unit. 3. The tenant and the landlord may agree orally to an entry to make agreed repairs or supply agreed services. The agreement shall include the date and approximate time of the entry, which shall be within one week of the agreement. In this case, the landlord is not required to provide the tenant a written notice. E. No notice of entry is required under this section: 1. To respond to an emergency. 2. If the tenant is present and consents to the entry at the time o

Re: Filthy Tenant?? by Anonymous on August 12, 2012 @01:16	[ Reply ]

What all the legalese means is that in your lease in CA you need a provision that provides for periodic maintenance. Once agreed to then you can "inspect" while you are replacing filters, lubricating water valves, checking toilets, etc. Our lease provides for "regular maintenance" which is stated to be after the first month and every 6 months therefter. Tenants can elect to change AC filters themselves, but if we find they are not doing it we can institute monthly filter changes. So far as I know this is legal. The day I am not allowed to maintain my property in CA is probably the day I sell it, if not sooner.

Re: Filthy Tenant?? by NY-LL on August 12, 2012 @09:45	[ Reply ]

The landlord-tenant laws in the State of California seem to be relatively balanced and broadly thorough. However, at the same time, the same laws seem to overlook long term investments and financial accountability to the property owner. It makes it implausible for a property owner to maintain a credible allegiance to the state and property if landlording is a business controlled by government for the benefit of tenants. (California laws can use some revisions because the state makes faulty decisions related to major issues which do not always benefit the population, such as legal propositions opposing the citizen vote, overpriced utilities, water distribution, etc.)

Re: Filthy Tenant??